China-Related Cross-Border Trade Dispute Resolution
China-Related Cross-Border Trade Dispute Resolution

Serving Judgments to China-based Defendants by Mail? Think Twice

It will impede the enforcement of this judgment in China, says the Ministry of Justice (MOJ). And the MOJ is not bluffing.

Can Foreign Judicial Documents Be Served to a Recipient in China by Mail From Abroad? – Service of Process and Hague Service Convention Series (2)

No. The Ministry of Justice is the only legal authority to receive requests for service of judicial document from abroad.

How Foreign Judicial Documents Are Served in China? – Service of Process and Hague Service Convention Series (1)

Under the Hague Service Convention, this is how the service of judicial documents issued by the foreign judicial authority works in China.

Just before Limitation Period Expires: Australian Court Recognizes Chinese Judgment for the Fifth Time

In 2022, the New South Wales Supreme Court of Australia ruled to enforce a judgment of a Shanghai local court, just before 12-year limitation period expires. It marks the fifth time for an Australian court to recognize and enforce Chinese monetary judgments (Tianjin Yingtong Materials Co. Ltd. v Young [2022] NSWSC 943).

Avoiding Fraud and Scams: What to Do When Your Chinese Supplier Is in An Abnormal Operation State?

This is a red flag. It means that you should verify the Chinese enterprise before signing the contract.

Avoiding Scams: Obtain Chinese Companies’ Legal Names in Chinese From Their Bank Accounts

If you only have the English name of a Chinese company, it is difficult for you to file a complaint or lawsuit against it. However, if this English name comes from the Chinese company’s bank account in China, it is OK.

How to Deal with Chinese Foreign Exchange Regulation when a Chinese Company Refunds You?

There is usually no obstacle if a Chinese company refunds you using its foreign funds. However, if it makes a payment to you outside China using its domestic funds, the payment shall be subject to foreign exchange control of China.